A. General (I.C. 36-4-7-1000; 1000 Series- Remedies and Enforcement).
1. It shall be the duty of the Administrator to enforce these regulations and to bring any violations or lack of compliance to the attention of the Commission Attorney.
2. No owner, or agent of the owner, of any parcel of land located in a proposed subdivision shall transfer or sell any such parcel before a plat of such subdivision has been approved by the Commission, in accordance with the provisions of these regulations, and filed with the County Recorder.
3. The division of any lot or any parcel of land into a subdivision, as defined in this ordinance, by the use of metes and bounds description for the purpose of sale, or transfer, or lease resulting in the creation of one or more new building sites shall be considered to be subject to all of the appropriate requirements of this ordinance.
4. No improvement location permit or building permit required under the Uniform Building Code, the Zoning Ordinance, or this ordinance, shall be issued on any property subject to this ordinance until the provisions of this ordinance have been complied with.
5. Any structure erected, raised, or converted, or land or premises used, in violation of this chapter of the code, is a common nuisance and the owner or possessor of the structure, land or premises is liable for maintaining a common nuisance.
B. Violations and penalties. Any person who violates a provision of this ordinance or any regulations herein contained, shall be subject to a fine of not less than $100 and not more than $1,000 for each day's violation.
C. Restraining provisions.
1. Any land within the participating jurisdictions subdivided in violation of the terms of this ordinance after the effective date hereof, is hereby declared to be a common nuisance, which may be restrained, enjoined or abated in any appropriate action or proceeding.
2. The Commission may institute an injunction suit requesting an individual or governmental unit be directed to remove a structure erected in violation of this ordinance, or to make the same comply with its terms. If the Commission is successful in its suit, the respondent shall bear the costs of the action.
3. The Commission may institute a suit for mandatory injunction, requesting an individual or governmental unit be directed, where such individual or governmental unit has violated any provisions of this ordinance, to comply with the provisions of this ordinance. If the Commission is successful in its suit, the respondent shall pay the Commission's reasonable attorney fees and all costs related to the enforcement of this ordinance.
(1980 Code, Ch. 154, § 1.14) (Ord. 2001-4, passed 3-27-2001)
Statutory reference:
Limitation on power of city to impose fines, see I.C. 36-1-3-8